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Ord 1827COUNCIL BILL No. 736 ORDINANCE No. 1827 AN ORDINANCE RELATING TO SIGNS, PRESCRIBING PENALTIES, AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Purpose and Intent. The purpose and intent of this ordinance is as follows: A. Safett . To promote the safety of persons and property by pro- viding that signs: 1. Do not create a hazard due to collapse, fire, collision, decay or abandonment. 2. Do not obstruct fire fighting activity or police surveilance. 3. Do not create traffic hazards by confusing or distracting motorists, or by impairing the driver's ability to see pedes- trians, obstacles, or other vehicles, or to read traffic signs. B. Communication Efficiency. To promote the efficient transfer of information in a sign message by providing that: 1. Those signs which provide messages and information most needed and sought by the public are given priorities. 2. Businesses and services may identify themselves. 3. Customers and other persons may locate a business or service. 4. No person or group is arbitrarily denied the use of sight lines from the public right-of-way for communication purposes. 5. Persons exposed to signs are not overwhelmed by the number of messages per sign and are able to exercise freedom of choice to observe or ignore said messages according to the observer's purpose. C. Landscape Quality and Preservation. To protect the public welfare and to enhance the appearance and aesthetic sight of the landscape by providing that signs: 1. Do not interfere with scenic views. 2. Do not create a nuisance to occupancy of adjacent and contiguous property by the brightness, size, height or movement. 3. Do not create a nuisance to persons using the public rights-of- way. 4. Are not detrimental to land or property values. 5. Contribute to the special character or particular areas of dis- tricts within the city helping the observer understand the city or orient within it. Page 1 - COUNCIL BILL No. 736 ORDINANCE No. 1827 D. General Intent. To achieve the above stated goals, the City Council of the City of Woodburn finds it reasonable and pru- dent and in the general public interest to regulate the con- struction, on- struction, erection, maintenance, electrification, illumination, type, size, number and location of sign. SIGN REGULATIONS GENERAL PROVISIONS Section 2. Definitions. As used in this ordinance, unless the con- text otherwise requires: A. Construct. Means to build, erect, attach, hang, place, suspend, paint, affix, or otherwise bring into being. B. Street Frontage. A lot line fronting on a street or highway. C. Maintain. Means to permit or suffer a sign, sign structure or part thereof to continue or to repair or refurbish a sign, sign struc- ture or part thereof. D. Non -Structural Trim. Means the molding, battens, caps, nailing strips and latticing letters and walkways which are attached to a sign structure. E. Person. Means individuals, corporations, associations, co-oper- atives, firms, partners, joint stock companies, or any other per- son created by law. F. Si n. Any sign, display, message, light other than illumination designed primarily for the illumination of the premises, emblem, device, figure, mannequin, painting, drawing, placard, poster or other thing that is designed, used or intended for an advertising purpose or to inform or attract attention of the public and in- cludes, where applicable, the sign structure, display service and all components of the sign. "Sign" includes, but is not limited to.- Page o:Page 2 - COUNCIL BILL No. 736 ORDINANCE No. 1827 1. Off -premises advertising sign. A sign advertises goods, pro- ducts, businesses or services which are not sold, manufactured or distributed on or from the premises or facilities on which the sign is located. 2. Building Directory. A sign giving the name and room number of location of the occupants of a building, limited to an attached wall sign. 3. Combination Sign. A sign incorporating any combination of the features of a free standing, projecting or roof sign. 4. Directional Sign. An on -premises sign designed to be read by a person already on the premises and used only to identify and locate an entrance, exit, motor vehicle route, telephone or simi- lar place or service. 5. Electric Sign. A sign containing electrical wiring intended to be hooked up. 6. Free Standing Sign. An on -premise sign supported by one or more uprights or braces in the ground and detached from, or only inci- dentally attached to, any building or structure. 7. Illuminated Sign. All or any portion of a sign that is illumi- nated by lamps, bulbs, tubes or other light source contained in or upon the sign. 8. Message Sign. A sign providing information by means of sequential illumination of lights contained in or upon a sign including, but not limited to, a time and temperature sign. 9. Non -conforming Sign. A sign not conforming to the provisions of this ordinance. H. Sign Structure. Means the supports, braces and framework of the sign. I. Temporary Sign. Means and includes any sign, banner, pennant, valance or advertising display which is constructed with the intention of not being permanently placed and attached to a building or ground. J. Integrated Shopping Center. A group of two or more businesses which are planned and designed as a center, whether or not the businesses, buildings or land are under common ownership. K. Freeway Orientated Activity. A motel, hotel, gas station, eating facility or truck stop or any other person or use so designated by the Planning Commission under the procedures established in Section 24 of this ordinance. Section 3. Maintenance of Signs. No person shall construct or maintain any sign or supporting structure except in a safe and structurally sound condition. If the Building Official shall find any sign regulated herein is so unsafe and in- secure as to constitute a real and present danger to the public, he shall mail written notice to the last known address of the sign owner and the property owner, Pane 3 - COUNCIL BILL No. 736 ORDINANCE No. 1827 or notify such party or parties orally as the imminence of the danger makes appropriate. If such a sign is not removed or altered so as to comply with the standards herein set forth within 30 days after such notice, or within such shorter time as the imminence of the danger makes appropriate, the Build- ing Official may cause the sign to be removed or altered to comply with the standards at the expense of the sign owner or owner of the property upon which it is located. The Building Official may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice. Section 4. Signs Not to Obstruct Fire Escape or Fire Hydrants. No persons shall construct a sign or supporting structure in such a manner or location that it will unreasonably obstruct access to any fire escape or other means of egress from a building or an exit corridor, exit hallway or exit door- way, and no sign or support structure shall cover, wholly or partly, any window or doorway in any manner that will substantially limit access to the building in case of fire. No sign or supporting structure shall be located within a 10 foot radius of a fire hydrant. Section 5. Permits Required. It shall be unlawful for any person to construct, install, structurally alter, relocate, or maintain within the City of Woodburn any sign or other advertising structure as defined in this ordinance without first obtaining a sign permit from the Building Official and making pay- ment of the fee required in Section 8 hereof. All illuminated signs shall, in addition, be subject to the provisions of the electrical code and the permit fees required thereunder. Section 6. Application for Permit. Application for a sign permit shall be made upon blanks provided by the Building Official and shall contain or have attached thereto the following information: A. Name, address and telephone number of the applicant. B. Location of building, structure or lot to which or upon which the sign or other advertising structure is to be attached or erected. Page 4 - COUNCIL BILL No. 736 ORDINANCE No. 1827 C. A sketch showing the method of attachment, construction, design, stress of roof or cantilever type signs, and such other inform- ation as may be necessary so that the building official may de- termine the compliance of the sign with this ordinance. D. Name of person, firm, corporation or association directing the construction. Section 7. Permits Null and Void. If the work authorized under a sign permit has not been completed within 90 days after date of issuance, said permit shall become null and void. Section 8. Permit Fees. Every applicant before being granted a permit hereunder shall pay the City of Woodburn a fee of $10.00 for each such sign or other advertising structures to be constructed, structually altered or relocated. There shall be no permit or fee required for temporary signs, unless otherwise provided in this ordinance. Section 9. Permit Revocable at Any Time. All rights and privileges acquired under the provisions of this ordinance or any amendment are mere li- censes revocable by the building official at any time upon violation of this ordinance. Section 10. Sign Contractor License. A. No person shall engage in the business of hanging, rehanging, plac- ing, constructing, installing, painting or structually altering, re- locating any sign or any electric sign, projecting sign, roof sign or advertising sign, except signs exempted in Section 15, without first having obtained a sign contractor's license from the building official. B. Transferability. No license shal 1 be transferable. C. If the building official finds that any licensee has failed to comply with the provisions of this code, the building official shall notify the City Council before the expiration of such person's license. Page 5 - COUNCIL BILL No. 736 ORDINANCE No. 1827 The City Council may, after a public hearing, at which all inter- ested persons shall have the right to be heard and offer oral or written testimony, refuse to renew the license of such person if it finds that the licensee has failed to comply with the provisions of this ordinance. D. The application for a sign contractor's license shall be accomp- anied by a certificate of insurance or other acceptable proof of insurance in force for the term of the license i n the sum of $20,000 property damage and $100,000 - $300,000 public liability insurance. The insurance requirements shall not apply to those who only paint signs located entirely on private property and who do not work over public sidewalks or streets. E. The license fee shall be $25.00 per year; the license shall expire one year from the date of issuance. Section 11. Non -Conforming Signs. A. Maintenance and Repair of. Normal repair, maintenance and change. Section 12. Enforcement. A. All violations of this ordinance will be processed under the pro- cedures of Chapter Five of the Woodburn Zoning Ordinance. Section 13. Variances. All requests for variances to this ordinance will be processed under the procedures of Chapter 13 of the Woodburn Zoning Ordinance. I Section 14. Certain Signs'Prohibited. The following signs are pro- hibited in all cases. A. Signs or sign structures which, by coloring, wording or location, resemble or conflict with a traffic control sign or device, or which make use of words such as "look", "stop", "danger" or any other word, phrase, symbol or character in such manner as to inter- fere with, mislead or confuse traffic. Page 6 - COUNCIL BILL No. 736 ORDINANCE No. 1827 B. Signs that create a safety hazard by obstructing clear view of pedestrians or vehicular traffic. C. Signs that glare, flash, change color more than four times per minute, reflect, blink or appear to do any of these things, ex- cept signs which convey time, temperature, date, or stock market index to the public. D. Signs that display a message or graphic representation that are lewd, indecent or otherwise offensive to public morals. E. Signs or public property or within a street right-of-way except when authorized by the appropriate public agency. F. Any signs or advertising statuary which move or give the appearance of movement, except for clocks, barber poles and signs which convey time, temperature, date or stock market index to the public. G. Sign materials which produce movement achieved by normal wind cur- rents. I. Attention getting devices, including search lights, propellers, streamers, balloons and similar devices or ornementations designed for purpose of attracting attention, promotion or advertising. J. Signs which advertise a service, product, or use not located at the site of the sign, except as provided in Section 24. Section 15. Signs Allowed in Any District. The following signs and operations are allowed in all zoning districts where the use is permitted, and shall not require a sign permit, but shall conform to all other applicable pro- visions of this ordinance. A. One real estate sign per street frontage not exceeding four square feet per sign in a residential zone. B. Bulletin boards not over 32 square feet in area for public, charit- able or religious institutions when the same are located on the pre- mises of said institution. Page 7 - COUNCIL BILL No. 736 ORDINANCE No. 1827 C. Changing of the advertising copy or message on a painted or printed sign, billboard or a theater marquee and similar signs specifically designed for the use of replaceable copy. D. Painting, repainting and normal maintenance and repair of a sign or sign structure unless a structural change is made. E. One sign denoting the architect, engineer, contractor or subdivision development, when placed upon work under construction and not exceed- ing 64 square feet in area. F. Occupational signs which are non -illuminated, name plates and build- ing directories related only to the use and occupancy of the build- ing to which attached and not exceeding 16 square feet, except in an R zone to 4 square feet, of surface area which are part of the building construction or are attached as wall signs. G. Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other non-combustible materials. H. Signs not visible from a public right-of-way. I. Banners and decorations for area wide promotions not advertising a specific item or business. J. Seasonal decorations. K. Temporary political signs, if located only on private property, with the consent of the legal possessor of the premises; not located on utility poles, trees or rocks; limited to a sign area of 10 square feet and a maximum dimension of 5 feet, located 10 feet inside pro- perty lines if located within 10 feet of intersecting streets or street and alley property lines; maintained in a neat, clean, at- tractive condition and removed within 5 days after the advertised election date. Such signs may be erected no sooner than 30 days prior to the election in question. Page 8 - COUNCIL BILL No. 736 ORDINANCE No. 1827 Section 16. Signs How Measured. A. Sign area is measured within lines drawn between the outermost points of a sign, but excluding essential sign structure, found- ations or supports. B. The areas of all signs in existence at the time of enactment of this ordinance, whether conforming or non -conforming, shall be counted in determining permitted sign area. Where a sign is of a three-dimen- sional, round or irregular solid shape, the largest cross section shall be used in a flat projection for the purpose of determining sign area. C. Height of a sign is measured from the adjacent sidewalk, curb or centerline road grade to the top -most part of the sign, in that order of preference. Section 17. Setbacks and Vision Clearance Areas. A. Vision Clearance Area. No temporary or free standing sign shall be erected or maintained in a vision clearance area. Vision clearance areas, in addition to any prescribed by other ordinances, shall i ncl ude : 1. At the intersection of two street -front property lines, or a street front and an alley property line, a triangle formed by drawing a line 30 feet back along the street or alley front property lines and connecting them with a diagonal line. 2. Along any frontage where there is an entrance onto or exit from any street or highway within 10 feet of the curb or edge of roadway. 3. Except as provided in this subsection, no free standing sign shall project or extend into any vision clearance area pre- scribed by any provision of this ordinance. One or two sign posts supporting a free standing sign may be located within the vision clearance area providing they are necessary for the support of the sign and they do not exceed a combined total width of 12 inches, and provided further that no other portion of the sign or supporting member is located within the vision clearance area between 30 inches and 8 feet above grade. 4. Except as provided in this subsection, no temporary sign shall project or extend into any vision clearance area prescribed by any provision of this or other ordinances. Page 9 - COUNCIL BILL No. 736 ORDINANCE No. 1827 However, a temporary sign may be located in a vision clearance area or in a required setback area if the sign is no higher than 30 inches as measured from the top of the curb or 36 inches as measured from the roadway surface where no curb is present, to the top of the sign. Section 18. Sign Regulations by Type of Sign . A. Projecting Sign. 1. No projecting sign or free standing signs shall project more than 10 feet from the building line, si x feet over a street right-of-way nor closer than within three feet of the curb line. 2. Projecting signs shall not be permitted in a residential dis- trict. 3. The inner edge of a projecting sign shall be not more than s i x inches from the face of the building to which it is attached. 4. Minimum clearance below projecting signs shall be eight feet. B. Wall Sims. 1. No wall sign shall project more than 12 inches beyond the wall to which it is attached. 2. No wall sign shall cover wholly or partially any wall opening nor project beyond the surface edge of the wall to which it is attached. 3. Where a wall sign extends over public or private walkway, ver- tical clearance of seven feet six inches shall be maintained from such walkway. C. Free Standing Signs. 1. A free standing sign shall be directly supported by poles or foundation supports in or upon the ground, and meet the appro- priate requirements outlined in Chapters 24-28 of the State of Oregon Structural Specialty Code. D. Roof Signs. 1. No roof sign shall extend above the ridge line of a roof or parapet. 2. All roof signs shall be directly supported by poles or found- ation supports in or upon the roof, and meet the appropriate requirements outlined in Chapters 24-28 of the State of Oregon Structural Specialty Code. E. Signs Under Marquee. Signs may be located under a marquee if ver- tical clearance of seven feet, six inches is maintained between the sign and the grade below. No supporting member of any signs sus- pended under a marquee shall pierce or extend through the marquee. Page 10 - COUNCIL BILL No. 736 nQnTMAmrr: mn 1097 Under the marquee signs shall be limited to a vertical height of 12 inches and a maximum sign area of four square feet. Section 19. Signs in a Residential Zone. No sign or outdoor adver- tising of any character shall be permitted in an RS, RD, RL, RM, or RH zone except: A. Those signs permitted in Section 15 for which no permit is required. Section 20. Signs in CO and P Zones. No sign or outdoor advertising of any character shall be permitted in a CO or P zone except the following: A. One sign placed flat against the building, not exceeding one- half (1/2) square foot of sign area per each lineal foot of parcel frontage occupied by such building fronting on a City street. Such sign may be illuminated. B. One detached, non -illuminated sign identifying a group of busi- nesses combined as a shopping center, not to exceed 50 square feet in area, or 15 feet in height. Such signs may contain the names of individual businesses in the center. Section 21. Suns in Commercial and Industrial Zones. No sign or outdoor advertising of any character shall be permitted in a CR, CG, ID, CB, IC, IP, IL or IH zoning district except the following: A. Two signs per each separate business, the total combined area of which shall not exceed 50 square feet or one square foot per foot of frontage, whichever is greater. Only one projecting or free standing sign is allowed per business. B. No sign shall be illuminated unless the wall of the building or store on which such sign is displayed or painted, or to which such sign is applied or attached, faces upon a street where the property on the opposite side thereof is in a CO, CR, CG, CB, ID, IC, IP, IL, or IH district. Page 11 - COUNCIL BILL No. 736 ORDINANCE No. 1827 C. One under marquee sign per business. D. If a building has two or more frontages, each secondary frontage shall be allowed one additional sign attached to the building. The area shall be limited to one-half square foot of area for each foot of building frontage. Only one principal frontage is allowed per business. E. Free standing signs are limited to 25 feet in height. F. Projecting and free standing signs are limited to 75 square feet in area. G. A business fronting on an alley may have one sign attached to the building limited to 16 square feet. H. Directional signs, one such sign is permitted near each driveway in a commercial zone. Area of each sign shall not exceed 12 square feet. I. Temporary signs are defined in this ordinance. Section 22. Additional Signs Allowed in a Commercial Highway District. All business fronting on State Highway 99E, State Highway 214, or State Highway 211, except those that are in any "R", CO, IP, IL, or IH zone, are allowed the following signs in lieu of the detached signs allowed under Section 21: A. One detached sign not to exceed 100 square feet of area or 35 feet in height, for each business with a frontage exceeding 90 feet on one of the state highways. B. Only one free standing sign per business is allowed. Section 23. Sins Allowed for a Freeway Oriented Business. The follow- ing signs are allowed for a freeway oriented business in a CG, or ID zone: A. All signs allowed in Section 21, if they are attached to the build- ing. B. One free standing sign may be up to 45 feet in height and 200 square feet in area, regardless of the business frontage. Page 12 - COUNCIL BILL No. 736 ORDINANCE No. 1827 C. "Freeway oriented activity" shall mean a motel, hotel, gas station, eating facility or truck stop. Other persons may petition the Plan- ning Commission for designation as freeway oriented activity. The Planning Commission shall grant the designation only when it finds that the business or activity is of such nature and location that it is committed primarily to providing service, lodging or products to non-resident travelers on non -access interstate freeways and that the activity cannot economically exist or operate without serving that class of persons. The procedure used shall be the same as that for variances. Section 24. Off -Premises Advertising Signs. A. All off premise advertising signs shall be approved by the Planning Commission prior to issuance of a permit. B. Off premise signs shall be permitted in CG, ID or industrial zones only. C. The Planning Commission shall grant a permit for off -premise adver- tising signs only when the property owner or business owner can demonstrate that the existing signs allowed under this ordinance fail to relieve an unreasonable hardship and that the hardship can only be relieved by the erection of an off -premise advertising sign, and erection of the sign will not in any way detract from any other property or be a detriment to the community. D. Any permit issued under this section is non-transferrable and the sign may only be used for purpose for which granted. E. Any decision by the Planning Commission may be appealed to the City Council, and the City Council may call up any action of the Planning Commission for review using the same procedures as for a variance. F. The maximum size permitted for one off -premise advertising sign shall be 300 square feet in area and 30 feet in height. Page 13- COUNCIL BILL No. 736 ORDINANCE No. 1827 Section 25. Special Si n Regulations for Integrated Shopping Centers. Signs permitted by this section shall be the only signs permitted in an inte- grated shopping center except those in CO zones. A. Integrated Shopping Center. An integrated shopping center is defined in Section 2, Subsection J, of this ordinance. When doubt arises as to whether an area is a shopping center or whether a particular business is a part of the shopping center, the Plann- ing Commission shall make the final determination. B. One free standing sign with a maximum area of 150 feet for the shopping center. The height of such sign is limited to 35 feet. C. The center may have the same directional, motor vehicle and temp- orary signs as allowed individual businesses under this ordinance. D. One sign is permitted for each individual business fronting on a street or parking lot, which is limited to a wall or roof sign with an area of the larger of 30 square feet or one square foot per foot of frontage on a street or parking lot. E. One under marquee sign for each frontage or each business. F. Individual businesses may also share the principal sign area of the center. Section 26. Temporary Signs. A. No temporary sign shall be internally illuminated or be illumi- nated by an external light source primarily intended for the il- lumination of the temporary sign. B. No temporary signs shall project over public property or extend into any landscaped area required by any provision of City ordi- nances rdi- nances except by special permission of the City Administrator. C. No temporary signs shall be erected or maintained which, by reason of its size or location, constitute a hazard to motorists or pedes - trains. Page 14 - COUNCIL BILL No. 736 nonTK1AK1rc KI.. 1 of) -7 D. No temporary signs shall be located in any prescribed vision clearance area, except as provided in Section 17, Subsection B. Subpart 4, of this ordinance. E. Height of temporary signs is limited to six (6) feet. F. The sign area of temporary signs is limited to 32 square feet. G. Temporary signs are limited to one sign per driveway per business, or one sign per business whichever is greater; in the case of shopping centers, one sign per driveway. Section 27. Violation as Nuisance. Violation of any provision of this ordinance is hereby declared to be a nuisance, for which remedy may be persued by the City to the full extent of law, notwithstanding any limitation in this or any other ordinance. Section 28. Non -Liability. The City shall incur no liability whatsoever for removal or alteration of any sign if such removal or alteration is done in accordance with City ordinance or otherwise in accordance with law. Section 29. Severability. If any work, clause, phrase, section, sub- section, or other portion of this ordinance is found invalid by a court of com- petent jurisdiction, then the remainder of the ordinance shall be given full effect. Section 30. Emergency Clause. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. APPROVE �- WILLIAM C T NE Approved as to form ;17-2&10"� —� �--5 City Attorney Date Page 15 - COUNCIL BILL No. 736 ORDINANCE No. 1827 Passed by the Council Submitted to the Mayor Approved by the Mayor Submitted to the Office of the Recorder ATTEST: E, BARNEY .BURR Recorder ------7 City of Woodburn, Oregon Page 16 - COUNCIL BILL No. 736 ORDINANCE No. 1827 11 1.0 v 255.1 953___._ July 26, 1983 July 26, 1983